Program- LL.B.

Semester- (I)
Course- (LB 105)
ENVIRONMENTAL LAW
Session No.- ( 2 )
Evolution & Conceptual Understanding of Environmental Law
By
Mr. Amarjeet Ranjan

Disclaimer: This PPT is the property of the ICFAI University, Jharkhand and can be used only for the educational purpose of the students of the University
.

After this session the learner will be able to:

1 Evolution of Environmental Law

2 Conceptual Understanding of
Environmental Law
Evolution:

Introduction :
• The concept of environmental protection is an age old idea imbibed in the
Indian cultural ethos since time immemorial. ‘Paryavaranam’ is a Sanskrit
word for environment that was prevalent in ancient India.
• To understand the present day legal system for environment protection and
conservation of natural resources, it is important to look into the past Indian
traditions and practices of protecting the environment. Therefore, it’s better
to look into the norms and policies of environmental protection prevalent in
ancient, medieval and modern India and it is believed that this will help us in
understanding the present law and policy.
Law and Policy Relating to Environmental Protection in Ancient India
• Environmental awareness can be said to have existed even in the prevedic
Indian valley Civilization which flourished in northern India about 5,000 years
ago. This is evident from the archaeological evidence gathered from
Harappa and Mohenjo-Daro which were the prominent cities of the
civilization. Their awareness about hygiene and sanitation as evident from
their constructions of ventilated houses, orderly streets, numerous wells, bath
rooms, public baths and covered underground drains.
Evolution:
Vedic Approach to Environment:
• The idea of environmental protection and conservation of natural
resources can be traced to vedic civilization where worship of nature
appears to have originated and the vedic views revolve around the
concept of nature and life. The ancient vedic literature encompasses a
holistic attitude of the cosmic vision in a poetic way. Veda appears to
impose obligations on the society and individuals to worship nature
through worshipping trees. The worshipping of Vanaspathi, tree having
thousand branches is aking to worshipping the entire creation.
• Atharva Veda examines the importance of forest conservation and
preservation and protecting of three particular trees namely, “Parijath,
banyan and pepal”.
• It was found in western part of Rajasthan during ancient period houses
were constructed in such a way that each had a roof top rainwater
harvesting system.
• The vedic culture emphasized conservation of five species of trees,
namely, banyan, puople, ashok, lela and havada.
Evolution:

Jainism and Love for nature:

• Reverence for all forms of life is deeply ingrained in the Jain Ethos. It is strongly
asserted that every living being wants to live. Sorrow and killing are not liked
by any living being. All beings have the right to live. Non-violence is for the
welfare of all beings. Lord Mahavira has said “To kill or to hurt any living being
amounts to killing or hurting oneself. Compassion of others is compassion to
ones own self.”
• Man should live in harmony with all beings and nature. Hence, the relevance
of Jain concept of nonviolence which can bring in adaptability in modern life
style and may help us change the attitude of people in today’s world of
consumerism and terrorism.
Environmental Protection in Medieval India:
• The history of medieval India is dominated by Muslim Rulers where no
noteworthy development of environmental jurisprudence took place
except during the rule of Mughal Emperor Akbar. During Akbar’s rule
except rulers others are prohibited from hunting or shikar. But no major
initiatives took place during medieval period to prevent environmental
protection and conservation of natural resources as the rulers were only
interested in war, religion propagation and empire building.
Evolution:
Evolution of Environmental Law and Policies during British rule:
• The overexploitation of natural resources and plundering of nature started in India during early
British rule. The abundant natural resources such as forest products and minerals became a chief
source of raw material for industries. During the days of East India Company rule ruthless
exploitation of timber from Indian forests and trade in natural resources transferred natural wealth
to Britain and Indians were pushed to misery and poverty. For the purpose of legitimizing ruthless
exploitation of timber forests and natural wealth Britishers introduced forest policy to prohibit
private exploitation of forest resources and public regulations authorizing the government to
exploit forest resources. Thus forest department was setup during British rule in provinces and in
some princely states. British rule also enacted Forest Act, 1927.
• Apart from forest management laws and the regulations, during British rule several other
regulations relating to environmental protection and resource conservation were brought into
force but not so much importance was given to the implementation of them. The following
enactments appear to be prominent among them.
• Firstly, the Shore Nuisance (Bombay Colaba) Act, 1853 was enacted to regulate disposal of waste
discharged in the coastal area attached to Bombay and Colaba from nearly industrial plants.
• Secondly, Oriental Gas Company Act, 1857 imposed restriction on the Oriental Company to
prevent polluting river and sea water.
• Thirdly, Chapter XIV of the Indian Penal Code by creating the offence of nuisance attempted to
protect public health, safety and tried to prevent environmental degradation.
Evolution:

• Fourth, the North India Canal and Drainage Act, 1873 intended to ensure free flow of canals
and rivers for the purpose of irrigation and drainage. It also provided for legal regulation of
discharge of the industrial effluents.
• Fifth, the first attempt at conservation of wildlife was through the enactment of the Madras
Elephant Preservation Act, 1879. But the Act did not have any impact on poaching
elephants for ivory.
• Sixth, the section 5 of the Indian Fisheries Act, 1897 provided that if any person puts any
poison, lime or noxious material into any water with the intent of catching or destroying any
fish, he shall be punishable with imprisonment and fine.
• Seventh, the Wild Birds and Animals Protection Act, 1912 prohibited hunting of wild birds and
animals without the permission of the forest department, The Act also establishes Kaziranga
wild life sanctuary in 1926 and Corbett National Park in 1936.
• Last, apart from the above several other legislations such as the Poisons Act, 1919, Indian
Ports Act, 1908, the Boilers Act, 1923 and others were concerned with preservation of
environment and conservation of natural resources.
Evolution after Independence:
Development of Law and Policy from Independence to Stockholm Conference
1947-1972:
• The Indian Constitution is amongst the few in the world that contains specific provisions on
environmental protection. The directive principles of state policy and the fundamental duties chapter
explicitly enunciate the national commitment to protect and improve the environment. This was
achieved only during 1976 and until then there was no specific provision under the Constitution relating
to environment protection. However, it was argued that there were sufficient provisions in the
constitution empowering both Union and state Government to make laws for the protection of
environment and conservation of natural resources.
• On the basis of those provisions in the Constitution some of the important legislations were enacted
between 1947 and 1972. They are the Factories Act,1948; The Prevention of Food Adulteration Act,
1954; The River Boards Act; The Mines and Minerals (Regulation and Development) Act, 1956; The
Ancient Monuments and Archeological Sites and Remains Act, 1958; The Atomic Energy Act, 1962 and
The Insecticides Act, 1968.
Post 1972 Developments:
• It is 1972 Stockholm Conference where in India introduced the concept of economic development
and protection of environment through Mrs. Indira Gandhi’s address and one can see a shift in our
understanding of environmental protection. She declared that the poverty is the greatest polluter and
said: “The environmental problems of developing countries are not the side effects of industrialization
but reflect the inadequacy of development. The rich countries may look upon development as the
cause of environmental destruction, but to us it is one of the primary means of improving the
environment for living, of providing food, water, sanitation and shelter, of making the desert green and
the mountains habitable.”
Continued…

• The year 1972 marks a watershed in the history of environmental management in India. Prior to 1972
environmental concerns such as sewage disposal, sanitation, and public health were dealt with by
different federal ministries, and each perused these objectives in the absence of proper
coordination system at the federal or the intergovernmental level.
• By early 1972 it had been realized that unless a national body was established to bring about
greater coherence and coordination in environmental policies and programmes and to integrate
environmental concerns in the plans for economic development, an important lacuna would
remain in India’s planning process. Consequently on 12 April 1972 a National Committee on
Environmental Planning and Coordination (NCEPC) was established. The impact of 1972 World
Conference was the introduction of several provisions in the constitution relating to environmental
protection.
The Forty Second Amendment:
• Environmental Protection and improvement were explicitly incorporated into the Constitution by
the Constitution (Forty Second Amendment) Act of 1976. Article 48A was added to the directive
principles of state policy. It declares: ‘The State shall endeavor to protect and improve the
environment and to safeguard the forests and wild life of the country.’ Article 51A (g) in a new
chapter entitled ‘Fundamental Duties’, imposes a similar responsibility on every citizen on every
citizen ‘to protect and improve the natural environment including forests, lakes, rivers and wildlife,
and to have compassion for living creatures…’
Evolution:
The Directive Principles of State Policy:
• The directive principles are policy prescription that guide the government. Some of
them are in the nature of economic rights that India could not guarantee when the
Constitution was enacted, but that were expected to be realized in succeeding
years. Although unenforceable by a court, the directive principles are increasingly
being cited by judges as complementary to the fundamental rights. In several
environmental cases the courts have been guided by the language of Article 48A.
Indeed the Supreme Court has held:
“Whenever a problem of ecology is brought before the court, the court is bound to
bear in mind Art. 48 A of the Constitution and Art. 51A (g) and when the court is called
upon to give effect to the Directive Principle and the fundamental duty, the Court is
not to shrug its shoulders and say that priorities are the matter of policy and so it is a
matter for the policy-making authority. The least that the Court may do is to examine
whether appropriate considerations are borne in mind and irrelevancies excluded. In
appropriate cases, the Court may go further, but how much further will depend upon
the circumstances of the case. The Court may always give necessary directions.
However the Court will not attempt to nicely balance relevant considerations. When
the question involves the nice balancing of relevant considerations the Court may feel
justified in resigning itself to the acceptance of the decision of the concerned
authority”. (Sachidananda Pandey v. State of West Bengal, AIR 1987 SC 1109)
Summary

Evolution of Environmental
Law. The above discussion are
containing the development
of environmental law before
independence & after
independence.